Revision filed seeking return of seized passport. High Court rejected claim as petitioner is an absconding accused in a fraud case; investigation pending, thus passport retention justified.
Petition for return of passport and setting aside impugned order dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.R.C.(MD)No.25 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 07.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.(MD)No.25 of 2019
Chandravathanan ... Petitioner/Petitioner/Accused
vs.
State Rep. by The Inspector of Police, Airport Police Station, Tiruchirappalli, Tiruchirappalli District. Crime No.244 of 2018 ... Respondent/Complainant
PRAYER : This Criminal Revision has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records in Cr.M.P.No.5069 of 2018 on the file of the learned Judicial Magistrate No.VI, Tiruchirappalli, Tiruchirappalli District and set aside the order dated 01.12.2018 and hand over the custody of the Passport viz, Indian Passport No.L4138413 issued on 30.08.2018 by the Regional Passport Office, Madurai which has been seized by the respondent herein in Crime No.244 of 2018 to the petitioner herein.
For Petitioner : Mr.K.Veilmuthu
For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. side)
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Crl.R.C.(MD)No.25 of 2019
ORDER
This Criminal Revision Petition has been filed as against the order passed in Cr.M.P.No.5069 of 2018 by the learned Judicial Magistrate No.VI, Tiruchirappalli, Tiruchirappalli District, dated 01.12.2018 and thereby, dismissed the petition for returning the passport in Indian Passport No.L4138413 to the petitioner.
2.The petitioner is an accused in Crime No.244 of 2018. The First Information Report has been registered for the offences punishable under Sections 467, 468 and 471 of IPC r/w Section 12(1)(b) of Passport Act, 1967 and Section 14 of Foreigners Act, 1946 alleging that the petitioner has fradulently obtained passport by producing fabricated documents. Therefore, the crime itself in pursuant to obtaining passport by producing fabrication of documents or falsifications of documents. That apart, the investigation is still pending, since the petitioner is absconded and he is not at all available in the address mentioned by the petitioner. Therefore, the investigation is still pending and as such while pending investigation, the petitioner is not entitled for passport and the Court below has rightly dismissed the same. Therefore, this Court finds no infirmity or illegality
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Crl.R.C.(MD)No.25 of 2019
in the order passed by the Court below. Hence, the Criminal Revision is
dismissed.
07.06.2023
sji
NCC : Yes/No Index: Yes/No Internet: Yes/No
To
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Crl.R.C.(MD)No.25 of 2019
G.K.ILANTHIRAIYAN , J.
sji
Crl.R.C.(MD)No.25 of 2019
07.06.2023
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1 issue framed by the court
Whether a criminal accused absconding and pending investigation is entitled to the return of a seized passport.
4 provisions across 4 enactments
Chandravathanan
State Rep. by The Inspector of Police, Airport Police Station, Tiruchirappalli
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
